All articles by Joseph M. Hanna

A joint statement co-authored by the National Football League and its players union defended the decision to administer a series of drug tests to the Panthers’ Eric Reid, reiterating the organization’s ban against performance-enhancing drugs and stating that Reid was not singled out in the testing process.
Reid had claimed that the NFL and its team had colluded against him in an effort to dissuade him from protesting the national anthem. Reid, a former San Francisco 49er, was one of the first players to kneel…

The mother of deceased minor league basketball player appeared before a Michigan federal court, arguing to keep her case in Eastern Michigan. The mother, Jewel Upshaw, is pursuing litigation against the Detroit Pistons, the NBA, the owners of the arena where the incident occurred, and a group of Pistons investors, contending that the defendants are liable for negligence and the wrongful death of her son, Zeke Upshaw.
As we have previously reported, Upshaw was playing during the March 24, 2018 game, defending his player man-to-man,…

On January 9, 2019, one day before a scheduled hearing, the NFL withdrew its appeal that previously outraged attorneys representing former NFL players in concussion class-action litigation. As we have previously reported, in April 2015, the NFL entered into a settlement agreement with almost 22,000 former players. The settlement established a 65-year uncapped monetary fund for players who could prove certain neurological diagnoses. The settlement provided a $75 million “baseline assessment program” that provided eligible retired players with neurological examinations, a $10 million education…

A suit brought by a former Chiefs player’s ex-wife has been dismissed in Pennsylvania federal court. U.S. District Judge Anita B. Brody ruled that the plaintiff, Anita Martin,could not pursue her claims alleging that the concussions sustained by her former husband, Christopher Martin, hurt their relationship.
Judge Brody explained that Ms. Martin failed to opt-out of an uncapped, multi-district settlement that the NFL had reached with roughly 5,000 players back in 2015. The settlement concluded allegations that the players sustained concussions and degenerative brain diseases…

On January 3, 2019, former New Jersey Devils’ enforcer, Michael Peluso, sued the New Jersey Devils and various team officials, claiming that the team concealed his risk of long-term neurological problems. According to Peluso, the Devils hid the full extent of a head injury that he suffered, on December 18, 1993, in a fight with Tony Twist, a member of the Quebec Nordiques. During the fight, Peluso allegedly suffered a concussion. According to the complaint, the Devils “intentionally, deliberately, fraudulently, and with callous disregard…

On December 19, 2018, a lawyer representing six former NFL players had difficulties persuading a panel of Ninth Circuit judges to revive a lawsuit claiming that the NFL illegally dispensed painkillers and pushed athletes to return to the field, ending their careers early.
The lead plaintiff, Etopia Evans, widow of the late Minnesota Vikings and Baltimore Ravens player Charles “Chuck” Evans, filed her federal class action lawsuit back in May 2015. Back in 2008, Chuck Evans died a jail cell, two days after being imprisoned…

On December 19, 2018, MLB and the MLB Players Union (MLB PA) announced that they reached an agreement with the Cuban Baseball Federation. The agreement will allow MLB teams to sign Cuban baseball players without requiring the players to “defect” from the Cuba. Further, the MLB also agreed to give the Cuban Baseball Federation a percentage of signing bonuses that Cuban players receive. The move comes amid slowly easing tensions between the United States and Cuba and was made with the hope of ending player…

During closing arguments in the NCAA student-athlete wage suit, on December 18, 2018, Beth Wilkinson, attorney representing the NCAA, told U.S. District Judge Claudia Wilken that she was mistaken about some underlying facts of the case. At the start of closing arguments, Judge Wilken said that it “seems very clear” that the NCAA violated antitrust laws, but she questioned how the violation could be quantified. However, Wilkinson was quick to respond, saying “[w]e have not ever conceded that there was an antitrust violation.” Judge Wilken…

On December 13, 2018, Russell Beckman, a longtime Green Bay Packers fan and a Chicago Bears season ticket holder, asked U.S. District Judge Joan Gottschall to enjoin a Chicago Bears, and Soldier Field, policy prohibiting participants in a pregame Bears Season Ticket Holder Experience from wearing non-Bears apparel on the sidelines. Beckman continues to claim that the Bears-gear-only policy violates Beckman’s right to free speech.
As we have previously covered, Beckman, representing himself, sued the NFL and the Chicago Bears after he was not…

On December 13, 2018, a Texas state court jury handed Josh Brent, a former Dallas Cowboys defensive tackle, a $25 million wrongful death verdict. Brent, his now-defunct nightclub – Beamers Private Club, and its employees, were accused of negligence after the clubs employees allowed Brent drink excessively while at Beamers Private Club. After it was apparent that Brent was intoxicated, and presented a clear danger to himself and others, Brent and a former teammate, Jerry Brown, began driving through a Dallas suburb at excessive…

On December 11, 2018, the city of Oakland, California, sued the NFL and all thirty-two NFL teams, over the decision to relocate the Raiders to Las Vegas. In March 2017, the Oakland Raiders announced that they planned to relocate to Las Vegas by 2020. According to the complaint, Oakland went to extraordinary efforts to keep the Raiders from leaving, but the ultimate decision was purely monetary: Las Vegas offered $750 million, ostensibly for a new stadium. Allegedly, as a part of the deal to…

On December 10, 2018, U.S. District Judge Anita J. Brody, the judge overseeing the NFL concussion settlement, appointed former Chief U.S. District Judge Lawrence F. Stengel to serve as the special fraud investigator in the NFL Concussion Settlement. Under Judge Brody’s order, Judge Stengel will serve as a Special Investigator and will “look into possible fraudulent claims.”
As we have previously reported, since April 2018, the NFL has asked Judge Brody to appoint a special investigator to examine potentially fraudulent concussion claims that…

On November 19, 2018, Philadelphia Eagles right tackle, Lane Johnson, wrote two letters to Judge Sullivan regarding his lawsuit against the NFL and the NFL Players Association (“NFLPA”). As we have previously reported, in 2016, Johnson was hit with a 10-game drug suspension for his alleged use of performance enhancing drugs. In response, Johnson filed a lawsuit against the NFLPA, arguing that the NFLPA’s inactions caused his suspension. Specifically, Johnson sued the NFL and the NFLPA for allegedly failing to follow the collective bargaining…

The Massachusetts Appeals Court denied to revive the so-called “Deflategate” suit brought by a proposed class of New England Patriots fans, seeking damages and injunctive relief against the National Football League, Commissioner Roger Goodell, and Patriots’ owner Robert Kraft.
The suit stems from the highly controversial accusations against Tom Brady for his alleged role in the scheme to deflate footballs below the PSI range defined by league rules. Commissioner Goodell fined the Patriots $1 million, suspended Brady for four games, and took away…

As we have previously reported, former NCAA football players, Akeem Daniels, Cameron Stingily, and Nicholas Stoner recently filed a lawsuit against Draftkings, Inc. and Fanduel, Inc. In their lawsuit, the former NCAA players allege that Draftkings and Fanduel violated an Indiana state right-of-publicity statute when they used the former players names, images, likenesses, and statistics in online fantasy sports contests. After the case was dismissed in United States District Court, it was appealed to the Seventh Circuit. A Seventh Circuit appellate panel certified the…

The Pittsburgh Pirates have reached a confidential settlement with a woman struck by a foul ball at the Pirates’ PNC Park. Now, a jury trial will go forth under a new state court judge to determine the liability of the installer behind the allegedly defective safety net behind home plate.
As we have previously reported, the suit arises from an incident that occurred in April of 2015, when a foul ball hit the netting behind home plate, and the netting deflected or stretched far…

On November 9, 2018, in their closing argument and brief, the NCAA defended its rules, restricting payments for student-athletes, arguing that NCAA fans value amateurism and “overwhelmingly oppose” paying student-athletes. The NCAA argued that the rules restricting student-athlete pay ensured that student-athletes were integrated into college campuses and, at the same time, promoting amateurism, which increases the demand for college sports. According to the NCAA, if the student-athletes were paid, fans would stop watching NCAA sports.
As we have continued to cover, the…

On November 12, 2018, the NHL announced a tentative $18.9 million settlement with a class of over 300 retired NHL players. As we have previously reported, in June, 2018, former NHL players, Dan Carcillo and Nick Boynton, led a class of retired players suing the NHL claiming that they “suffered multiple serious head traumas during [their] NHL career that were not recognized, diagnosed or treated, and improperly diagnosed and treated.” Further, over the years, while the NHL has dealt with the problematic issue of…

Promats Athletics LLC, the company that installed the safety net at Pittsburgh’s PNC Park, filed a motion requesting a new state judge preside over the upcoming case of a women hit by a foul ball. The company contends that the judge currently assigned has conducted improper communications with the plaintiff’s attorney and is thus subject to removal from the case.
The suit arises from an incident that occurred in April of 2015, when a foul ball hit the netting behind home plate, and the netting…

Via joint press release, FanDuel announced its partnership with the NHL, unveiling its multi-year deal as the official daily fantasy sports partner and sports betting partner.
The partnership is not the first of its kind for the NHL, as the organization announced a comparable agreement with MGM Resorts International shortly before its FanDuel partnership.
The NHL’s strategy to cozy up with sports betting giants is a sharp turn away from its previous views on the gambling practice. Back in 2016, NHL Commissioner Gary Bettman stated…

As we previously reported, on October 24, 2018, a Manhattan federal jury convicted former Adidas executive James Gatto, business manager and aspiring sports agent Christopher Dawkins, and former Adidas consultant Merl Code of fraud charges arising out of a high-profile college basketball pay-for-play scandal. The breadth of the NCAA Corruption/Bribery Scandal rocked the NCAA. While the trial concluded with convictions, it is not likely that the story ends here. Many experts believe that various NCAA Division I Schools are now in the crosshairs of…

On November 5, 2018, the CEO of the United States Olympic Committee (“USOC”), Sarah Hirshland, announced that the USOC moved to revoke USA Gymnastics’ status as the national governing body for the sport of gymnastics. The announcement comes after USA Gymnastics struggled during the Larry Nassar sex-abuse scandal. According to Hirshland, “[t]oday the United States Olympic Committee has filed a complaint … seeking to revoke [USA Gymnastics’] recognition as a member National Governing Body of the USOC.”
Reportedly, Hirshland and the USOC ultimately decided…

On October 30, 2018, a putative class action lawsuit was filed by former high school and college football players. The players are suing BRG Sports, Inc., commonly known as Riddell, for its practice of “marketing, promoting, and distributing dangerous and defective football helmets.” The players argued that they sustained permanent brain and neurological injuries due to inadequate padding in the company’s helmets, which they were told would protect them.
According to the complaint, Riddell is the world’s largest football helmet manufacturer. For decades, Riddell…

On October 29, 2018, the NHL announced a partnership with MGM Resorts International and became the second North American sports league to reach a partnership with the professional sports betting operator. As per the terms, the NHL officially designated MGM Resorts as the official sports betting partner of the NHL. Specifically, the deal allows MGM Resorts to host NHL promotional opportunities and establishes MGM Resorts as an official resorts partner of the NHL. Further, the deal provides MGM Resorts access to the NHL’s proprietary game…

The Supreme Court of Ohio has ruled that the estate of a former Notre Dame football player may proceed with their fraud and negligence claims, which allege that CTE is a “latent” disease and thus exempt from the typical statute of limitations.
The decision is noteworthy because, while negligence claims must usually be filed two years from the injury, “latent” diseases have a modified timeline: the two year time bar begins at the time an individual learned of the injury, not when the injury…

On October 23, 2018, World Wrestling Entertainment Inc. (WWE) and Take-Two Interactive Software Inc. (Take-Two) again moved to dismiss a suit brought by Catherine Alexander, a tattoo artist for professional WWE wrestler Randy Orton. According to the WWE and Take-Two, Alexander’s “amended complaint does nothing to remedy the grave deficiencies of her prior pleading.”
As we have previously reported, in April, 2018, Alexander sued the WWE and Take-Two. Alexander claimed that several video games in the WWE 2K series illegally copied Alexander’s copyrighted tattoos…

NY State Court Judge Connolly ruled on Monday that fantasy sports contests are gambling, thus rendering the state law legalizing their operation unconstitutional. The decision is a major blow to industry leaders like DraftKings Inc. and FanDuel Inc. However, the Justice noted that the decision fails to bind the lawmakers from excluding such contests from the penal law governing anti-gambling regulations.
Plaintiffs brought the suit against Governor Cuomo and the NY State Gaming Commission opposing the law legalizing fantasy sports betting. The law originally legalized…

With the legalization of sports betting underway since May, 2018, the NCAA has announced its plan to establish a committee to oversee “the expansion of legalized sports wagering,” named the Board of Governors Ad Hoc Committee on Sports Wagering.
In December of 2017, the longstanding federal restrictions barring the activity were struck down by Murphy v. NCAA, with the court determining that individual states could decide whether to legalize sports betting. The majority of states are expected to do so, allowing the respective state…

On October 19, 2018, the NCAA athletes submitted their closing arguments, firing away against the NCAA’s bar against compensating student athletes. The critical antitrust trial has centered on collegiate sports wages, with the plaintiffs arguing against the NCAA is, “economically invalid” in its arguments based on amateurism.
The NCAA has countered that paying student athletes would harm both the demand for college sports and the integration of student-athletes in college campus. The athletes reject these arguments, alleging in their 51 page redacted brief that…

On October 23, 2018, it was announced that an arbitrator denied the National Football League Players Association’s (NFLPA) grievance against the Cincinnati Bengals. As we have previously reported, on July 11, 2018, the NFLPA filed a grievance against the NFL over its national anthem policy. The policy, announced in May 2018, instructed players to either stand during the anthem or to not come out of the locker room until the anthem is over. In response, the NFLPA filed several non-injury grievances “on behalf…

On October 15, 2018, attorneys representing Lamar Dawson, a linebacker who played for the University of Southern California between 2011 and 2015, attempted to revive a proposed class action lawsuit against the NCAA and the Pac-12 Conference. According to Dawson’s attorneys, the NCAA and the Pac-12 Conference should be considered employers of college football players, because they set limits on pay and work hours, within the meaning of the Fair Labor Standards Act (FLSA). Dawson’s attorneys are seeking to reverse U.S. District Judge Richard Seeborg’s…

On October 8, 2018, the NCAA moved to dismiss a proposed class action lawsuit led by Lawrence “Poppy” Livers, a former Villanova University football player. As we have previously reported, Livers sued to the NCAA claiming that the NCAA, Villanova, and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA). Livers likened college athletes to paid student employees and claimed they should be compensated as such. However, Livers needed to show that the NCAA and the universities “willfully”…

On October 5, 2018, Junior Seau’s family settled their lawsuit with the NFL; however, the particulars of the settlement are confidential. As we have previously reported, Seau, who played for the San Diego Chargers, Miami Dolphins, and New England Patriots, took his one life, at the age of 43, in 2012. An autopsy report showed that Seau suffered from chronic traumatic encephalopathy, or CTE, a condition caused by repeated brain trauma. In 2013, Seau’s family filed a wrongful death and joined a class of…

On October 5, 2018, the NCAA Division I Council announced that it plans, in 2019, to vote on four changes to transfer proposals. As we previously reported, in June 2018, the NCAA and various conferences voted to change student-athletes transfer rules. Previously, student-athletes went through a “permission to contact” process. The process limited their ability to transfer as their current college coaches were able to block the athlete from transferring to certain schools. Now, starting in October 2018, the NCAA has shifted to a…

On Wednesday, October 3rd 2018, the Heisman Trophy Trust, the organization behind the famed Heisman Trophy, filed a trademark claim against HeismanWatch.com, a website that tracks the competition for the award. The trust submitted their compliant to New York federal court, positing that the website has used the Heisman trademarks without their consent or permission to capitalize on its fame.
The website HeismanWatch.com has been managed by owners Chase Leavitt, Joseph Middleton, and Kimball Dean since 2014, and has podcasts and social media…

On October 2, 2018, Sports Illustrated published a report stating that the United States Department of Justice “has begun a sweeping probe into possible corruption tied to [MLB’s] recruitment of international players.” The report published numerous emails, documents, videotapes, photographs, confidential legal briefs, receipts, copies of player visas and passport documents, internal club emails, and private communications by franchise executives. Reportedly, MLB teams, like the Los Angeles Dodgers and the Atlanta Braves, have attempted to circumvent MLB rules and United States immigration law in their…

On October 3, 2018, weeks before the start of the college basketball season, shocking testimony was heard in the NCAA Corruption/Bribery Trial. As we have previously reported, on February 21, 2018, Yahoo Sports reported that financial records, documents, and wiretaps tied to prominent former NBA agent, Andy Miller, and his former associate, Christian Dawkins, provided the prosecution with a detailed window into the ongoing NCAA Corruption and Bribery scandal. The scandal, now case, involves Adidas executive Jim Gatto, Adidas contractor Merl Code, and sports…

On October 4, 2018, the father of ex-University of Louisville basketball recruit, Brian “Tugs” Bowen, broke down in tears before he gave testimony in the NCAA Corruption/Bribery Trial. As we have previously reported, on February 21, 2018, Yahoo Sports reported that financial records, documents, and wiretaps tied to prominent former NBA agent, Andy Miller, and his former associate, Christian Dawkins, provided the prosecution with a detailed window into the ongoing NCAA Corruption and Bribery scandal. The scandal, now case, involves Adidas executive Jim Gatto,…

On September 28, 2018, U.S. District Court Judge John Lee allowed two former Purdue University football players to proceed with most of their putative claims that the NCAA and the Big Ten Conference hid risks of repetitive brain trauma. The former football players, Michael Rose and Timothy Statton, are hoping to lead a class of former student-athletes who sustained head trauma while playing football for Purdue from 1952 to 2010.
Their case stems from the “NCAA $75 Million Settlement.” As we have previously reported,…

Leaders of the online sports betting arena are putting increasing pressure on Congress to legalize the industry, following the U.S. Supreme Court decision to strike down a law previously preventing states from legalizing online gambling. Lawmakers have pushed back, raising concerns about harms to consumers.
During a hearing Thursday, the U.S. House Judiciary Crime, Terrorism, Homeland Security, and Investigations Subcommittee questioned representatives of the gambling industry, voicing particular concern for minors and individuals with gambling addictions. The concern stems from the idea that online…

The NCAA antitrust trial continues, as Division I college basketball and football players vie for compensation, arguing that the current NCAA provisions illegally restrict player wages.
On Friday, U.S. District Judge Claudia Wilken probed NCAA vice president Kevin Lennon on the association’s limits on student wages, pointing out apparent discrepancies between rules imposed on various conferences.
Judge Wilken highlighted a NCAA provision adopted in 2014 that allows five conferences to independently determine their financial aid rules, despite NCAA bylaws imposing cost-of-attendance limits. Visibly perplexed,…

As part of the continuing NCAA antitrust action, Pac-12 Commissioner Larry Scott took the stand on Tuesday, issuing a grave warning about the future of amateur sports if the judgment were to be awarded in the plaintiffs’ favor.
Scott testified that any proposal to abandon the pay limit rules currently in place in the NCAA would “create significant consumer confusion,” making it “murkier” for broadcasters and fans to understand the nature of collegiate sports. He also stated that lifting such pay limits would be…

On September 17, 2018, University of Wisconsin-Madison (UW) Chancellor, Rebecca Blank, and American Athletic Conference (AAC) Commissioner, Michael Aresco, each testified in the NCAA Antitrust trial. As we have previously reported, in this lawsuit a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for various NCAA schools to compete for top college recruits.
Pursuant to Chancellor Blank’s testimony, UW is considering dropping its athletic program in the event that the court forces…

World Wrestling Entertainment has earned a key legal victory, with the Connecticut District Court ruling to dismiss all concussion-related claims against the entertainment giant.
Over the past several years, more than 65 of retired wrestlers have filed against WWE, alleging a lack of protection for the wrestlers’ health that lead to concussions, CTE, and other brain injuries. The former wrestlers further contended that WWE forced them into dangerous performances and covered up the effects of head trauma.
U.S. District Judge Vanessa L. Bryant…

World Sports Alumni Inc. (WSA), a sports marketing firm, is suing the NFL and a chapter of the National Football League Alumni Association (NFLAA) over the use of former athletes’ names and pictures in promotional advertisements without their permission.
WSA alleges that the NFL and NFLAA depicted retired NBA player Nick Anderson, retired NFL player Brandon Meriweather, and retired heavyweight boxing champion Riddick Bowe to promote the Pro Bowl events without the former athletes’ knowledge or consent. The complaint states that, in December 2017, NFLAA…

The U.S. Court of Appeals for the 9th Circuit has reversed a lower court’s dismissal of a class action filed by former NFL players, sending the case back to federal court. The suit claims the NFL encouraged players to abuse painkillers, including opioids.
In 2014, the lower court sided with the NFL, holding that the claims were preempted by the Labor Management Relations Act and the Collective Bargaining Agreement (CBA) between the NFL team owners and athletes. Now, however, the 9th Circuit has…

Alabama A&M University has been hit with severe penalties from the NCAA for what the organization called, “some of the most extensive and widespread certification failures in recent case history.”
The University was determined to have miscertified 101 student athletes across 14 sports, allowing them to compete and receive travel benefits despite failing to meet academic eligibility requirements, such as minimum credit hours or academic degree criteria. The NCAA also noted in their release that Alabama A&M “did not withhold 60 of the student-athletes from…

On September 12, 2018, attorneys representing the NCAA notified U.S. District Judge John Lee that the direct notice portion in the $75 million dollar NCAA Concussion Litigation case had ended. As we have continued to report, Judge Lee has delayed the final approval of a $75 million settlement several times after he learned that thousands of current and former NCAA student-athletes were yet to be notified of the settlement. Judge Lee originally approved the $75 million settlement in July 2016, but delays, largely attributed…

On September 7, 2018, three former college athletes, Shawne Alston, Martin Jenkins, and Justine Hartman, each testified that the NCAA “exploited them” by pushing them to prioritize athletics over academics. As we have previously reported, in this lawsuit a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for various NCAA schools to compete for top college recruits.
Hartman, a former University of California basketball player, testified that the NCAA exploited her by…

DraftKings, Inc. has filed suit in Massachusetts federal court in an attempt to identify the individuals behind cyberattacks launched at the website.
DraftKings, with its business based in fantasy sports contests, claims to have suffered a 26 minute denial of service when the cyber assailants “overwhelmed” its servers on two separate occasions in an attempt to stifle business. Its complaint, filed under the Computer Fraud and Abuse Act, articulates, “The attack occurred because defendants intentionally sent thousands of packets of information or commands to plaintiff’s…

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